Genocide in the ICJ: should States be obliged to hold each other accountable?

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Authors: António Kreiseler Albuquerque
Cited by: 0

Abstract

This paper examines the legal obligations of States under the Genocide Convention to hold each other accountable for the crime of genocide. It explores whether the interstate complaint mechanism of Article IX should be interpreted as a duty rather than a right, analysing international jurisprudence, particularly the International Court of Justice’s (ICJ) evolving stance on State responsibility. By evaluating contemporary cases, including the Gambia v. Myanmar and South Africa v. Israel, this study argues that the duty to prevent genocide inherently includes the obligation to invoke international legal mechanisms against potential violators. The research identifies both objective and subjective factors that influence the applicability of this duty, considering jurisdictional constraints, State influence, and the role of international law in enforcing compliance. Ultimately, this paper contributes to the ongoing discourse on strengthening global legal frameworks to prevent mass atrocities.

Fields of Study & Subjects

International Law and Human Rights Global Peace and Security Dynamics War Law and Justice

Publication details

Journal / source
Católica Law Review
Publication date
2 February 2026
Language
EN